Palmer v. Spain

KIDWELL, Justice.

Douglas R. Palmer (Palmer), as guardian ad litem for Kenda Palmer (Kenda), sued Dr. Francis Spain, a family physician, and Grit-man Medical Center (Gritman) for an injury Kenda sustained during her birth. Gritman settled with the plaintiffs and after a trial, a jury found in favor of Spain. Palmer filed a motion for new trial and relief from judgment, which the district court denied. Palmer appeals the district court’s denial of his motions. The judgment of the district court is affirmed.

I

FACTS AND PROCEDURAL BACKGROUND

On October 3, 1993, Spain attended to Kenda’s birth at…